Judge dismisses lawsuit against Horry County Schools filed by parent of child with autism

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HORRY CO, S.C. (WBTW) – A lawsuit filed against Horry County Schools claiming it violated the Americans with Disabilities Act has been overturned.

In March of 2020, David Warner filed a lawsuit claiming Horry County Schools failed to accommodate his 9-year-old son who was diagnosed with autism, according to previous reports.

The suit, however, has now been dismissed by United States District Court Judge Joseph Dawson, III, for “failure to exhaust their administrative remedies under Rule 12(b)(1) Federal Rules of Civil Procedure.”

In court documents dismissing the lawsuit, Dawson said, “Although the Plaintiffs bring claims for discrimination under the American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, Plaintiffs’ claims seek relief that is also available under the Individuals with Disabilities Education Act (IDEA).”

In the original lawsuit, Warner said he sent his son’s MUSC autism evaluation to the student’s teacher to pass on to anyone else at the school. But, claimed when he called the principal after his son was suspended for behavioral issues, he found out the principal did not know his son had autism.  

The suit claimed Warner made repeated requests for the district to allow his son’s trained therapist to “administer medically necessary treatment during school as prescribed by his physician at no cost to the school district.”

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